Federal Process Agents of Surety Corporations, 60847-60848 [E6-17225]

Download as PDF Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations Foam, IBR approved for § 1915.507(d)(3). (xiv) NFPA 17–2002, Standard for Dry Chemical Extinguishing Systems, IBR approved for § 1915.507(d)(4). (xv) NFPA 12–2005, Standard on Carbon Dioxide Extinguishing Systems, IBR approved for § 1915.507(d)(5). (xvi) NFPA 12A–2004, Standard on Halon 1301 Fire Extinguishing Systems, IBR approved for § 1915.507(d)(5). (xvii) NFPA 2001–2004, Standard on Clean Agent Fire Extinguishing Systems, IBR approved for § 1915.507(d)(5). (xviii) NFPA 1403–2002, Standard on Live Fire Training Evolutions, IBR approved for § 1915.508(d)(8). I 3. Amend § 1915.505 to revise paragraph (e)(3)(v) to read as follows: § 1915.505 Fire response. * * * * * (e) * * * (3) * * * (v) Provide only SCBA that meet the requirements of NFPA 1981–2002 Standard on Open-Circuit SelfContained Breathing Apparatus for Fire and Emergency Services (incorporated by reference, see § 1915.5); and * * * * * I 4. Amend § 1915.507 to revise paragraphs (b)(1), (b)(2), (c)(6), (d)(1), (d)(2), (d)(3), and (d)(5) to read as follows: § 1915.507 system. Land-side fire protection sroberts on PROD1PC70 with RULES * * * * * (b) * * * (1) The employer must select, install, inspect, maintain, and test all portable fire extinguishers according to NFPA 10–2002 Standard for Portable Fire Extinguishers (incorporated by reference, see § 1915.5). (2) The employer is permitted to use Class II or Class III hose systems, in accordance with NFPA 10–2002 (incorporated by reference, see § 1915.5), as portable fire extinguishers if the employer selects, installs, inspects, maintains, and tests those systems according to the specific recommendations in NFPA 14–2003 Standard for the Installation of Standpipe and Hose Systems (incorporated by reference, see § 1915.5). (c) * * * (6) Select, install, inspect, maintain, and test all automatic fire detection systems and emergency alarms according to NFPA 72–2002 National Fire Alarm Code (incorporated by reference, see § 1915.5) (d) * * * (1) Standpipe and hose systems according to NFPA 14–2003 Standard VerDate Aug<31>2005 04:19 Oct 17, 2006 Jkt 211001 for the Installation of Standpipe and Hose Systems (incorporated by reference, see § 1915.5); (2) Automatic sprinkler systems according to NFPA 25–2002 Standard for the Inspection, Testing, and Maintenance of Water-based Fire Protection Systems, (incorporated by reference, see § 1915.5), and either (i) NFPA 13–2002 Standard for the Installation of Sprinkler Systems (incorporated by reference, see § 1915.5), or (ii) NFPA 750–2003 Standard on Water Mist Fire Protection Systems (incorporated by reference, see § 1915.5); (3) Fixed extinguishing systems that use water or foam as the extinguishing agent according to NFPA 15–2001 Standard for Water Spray Fixed Systems for Fire Protection (incorporated by reference, see § 1915.5) and NFPA 11– 2005 Standard for Low-, Medium-, and High-Expansion Foam (incorporated by reference, see § 1915.5); * * * * * (5) Fixed extinguishing systems using gas as the extinguishing agent according to NFPA 12–2005 Standard on Carbon Dioxide Extinguishing Systems (incorporated by reference, see § 1915.5); NFPA 12A–2004 Standard on Halon 1301 Fire Extinguishing Systems (incorporated by reference, see § 1915.5); and NFPA 2001–2004 Standard on Clean Agent Fire Extinguishing Systems (incorporated by reference, see § 1915.5). [FR Doc. E6–17124 Filed 10–16–06; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 224 RIN–1510–AB08 Federal Process Agents of Surety Corporations Financial Management Service, Fiscal Service, Treasury. ACTION: Final rule. AGENCY: SUMMARY: The Financial Management Service (FMS) is revising its regulation governing the appointment of Federal process agents of surety corporations to allow for the appointment of a state official as a process agent. We are also revising the regulation by removing the requirement that all surety corporations appoint a process agent in the District of Columbia, regardless of whether the surety corporation provides bonds in the District of Columbia. Finally, we are PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 60847 updating obsolete contact information and references in the regulation. This rule is effective on October 17, 2006. DATES: Rose M. Miller, Manager, Surety Bond Branch, at 202–874–6850 or rose.miller@fms.treas.gov; or William Erle, Senior Counsel, at 202–874–6680 or william.erle@fms.treas.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background 31 U.S.C. 9306 was amended November 29, 1999 to allow a surety corporation to appoint a State official as its process agent. This means that surety corporations conducting business in more than one judicial district in a state can appoint a State official to receive service of process on the corporation, thereby saving surety corporations from having to appoint an agent in each judicial district of that State. Prior to the amendment, a surety did not have the option of appointing a State official as its process agent to satisfy the service of process requirement. This revised rule makes the regulation at 31 CFR Part 224 consistent with 31 U.S.C. 9306 by providing for the appointment of State officials as process agents. An additional change relates to the requirement currently found in 31 CFR 224.2(a)(3) which requires that an agent be appointed for service of process ‘‘in the District of Columbia where the bond is returnable and filed.’’ This requirement applies to all surety corporations whether or not the corporation contemplates the writing of bonds in favor of the United States to be undertaken within the District of Columbia. Requiring companies to appoint an agent in the District of Columbia, when they are not incorporated in the District of Columbia, and do not write bonds in the District of Columbia, is an unnecessary financial burden on the companies. FMS can see no benefit to the Federal government in maintaining this requirement since, as a matter of practice, Federal bonds are not necessarily returnable and filed in the District of Columbia. The revised rule eliminates this requirement. The sample power of attorney form currently found in 31 CFR 224.4 is replaced with a reference to the Surety Bond Branch Web page. Moving the form to the Web page will allow the sample power of attorney form to be updated more easily. Also, it will provide surety corporations with easy access to an electronic version of the form. E:\FR\FM\17OCR1.SGM 17OCR1 60848 Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations Finally, 31 CFR 224.6 currently states that a listing of the divisional offices of the court in each judicial district may be obtained from the Surety Bond Branch, Financial Management Service, U.S. Department of the Treasury. This information is available directly from the U.S. Courts. Therefore, the regulation is revised to provide the contact information for the U.S. Courts. 224.5 Who may a surety corporation appoint to be a process agent? 224.6 Where can I find a sample power of attorney form? 224.7 Where can I find a list of United States district court offices? 224.8 When must a surety corporation appoint a new process agent? Regulatory Analyses Administrative Procedure Act. We did not publish a Notice of Proposed Rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), a rule is exempt from notice and comment rulemaking requirements if the agency finds that notice and public comment are unnecessary or contrary to the public interest. This rule reflects provisions that are already in effect as a matter of law. The changes will have no substantive effect on the public; therefore, it is unnecessary to publish an NPRM. Likewise, for the same reasons a delayed effective date is not required. Clarity of Regulations. Executive Order 12866 requires each agency to write regulations that are easy to understand. We invite comment on how to make this rule clearer. For example, you may wish to discuss: (1) Whether we have organized the material to suit your needs; (2) whether the requirements of the rule are clear; or (3) whether there is something else we could do to make this rule easier to understand. Executive Order 12866. FMS has determined that this regulation is not a significant action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. Regulatory Flexibility Act. Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. This part provides guidance on when a surety corporation must appoint a service of process agent and how the surety corporation complies with this requirement. List of Subjects in 31 CFR Part 224 Bonding, Insurance, Insurance companies, Sureties, Surety bonds, Process agents. I For the reasons set forth in the preamble, 31 CFR part 224 is revised as follows: sroberts on PROD1PC70 with RULES PART 224—FEDERAL PROCESS AGENTS OF SURETY CORPORATIONS Sec. 224.1 What does this part cover? 224.2 Definitions. 224.3 When may a surety corporation provide a bond without appointing a process agent? 224.4 When must a surety corporation appoint a process agent? VerDate Aug<31>2005 02:22 Oct 17, 2006 Jkt 211001 Authority: 31 U.S.C. 9306 and 9307. § 224.1 § 224.2 What does this part cover? Definitions. For purposes of this regulation: (a) Principal means the person or entity required to provide a surety bond. (b) Process agent means a resident agent for service of process. (c) State means a State, the District of Columbia, or a territory or possession of the United States. § 224.3 When may a surety corporation provide a bond without appointing a process agent? A surety corporation may provide a bond without appointing a process agent when the State where the bond is filed, the State where the principal resides, and the State where the surety corporation is incorporated are the same. § 224.4 When must a surety corporation appoint a process agent? A surety corporation must appoint a process agent when either the State where the bond is filed or the State where the principal resides is different from the State where the surety corporation is incorporated. In such a case, the surety corporation must appoint a process agent in each such State that is different from the State where the surety is incorporated. § 224.5 Who may a surety corporation appoint to be a process agent? A surety corporation may appoint either of the following as process agent—(a) An official of the State who is authorized or appointed under the law of that jurisdiction to receive service of process on the surety corporation; or (b) An individual who resides in the jurisdiction of the district court for the district in which a surety bond is filed and who is appointed by the surety corporation by means of a power of attorney. A certified copy of the power of attorney must be filed with the clerk of the district court for the district in which a surety bond is to be provided. In addition, the surety corporation must provide the clerk of the United States PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 District Court at the main office in each judicial district with the required number of authenticated copies of the power of attorney for each divisional office of the court within that judicial district. § 224.6 Where can I find a sample power of attorney form? The Surety Bond Branch provides a sample form on its Web page located at: http://www.fms.treas.gov/c570. While use of the sample form is not required, any power of attorney provided should be substantially the same as the sample form. § 224.7 Where can I find a list of United States district court offices? A list of the divisional offices of the court in each judicial district may be obtained from the Federal Judiciary, U.S. Courts Web page at http:// www.uscourts.gov, or by mail by writing to: Office of Public Affairs, Administrative Office of the U.S. Courts, Washington, DC 20544. § 224.8 When must a surety corporation appoint a new process agent? The surety corporation must immediately appoint a new process agent whenever the authority of a process agent is terminated by reason of revocation, disability, removal from the district, or any other cause. Dated: October 11, 2006. Kenneth R. Papaj, Commissioner. [FR Doc. E6–17225 Filed 10–16–06; 8:45 am] BILLING CODE 4810–35–P DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 256 RIN 1510–AA52 Obtaining Payments From the Judgment Fund and Under Private Relief Bills Financial Management Service, Fiscal Service, Treasury. ACTION: Final rule. AGENCY: SUMMARY: The Financial Management Service (FMS) is revising 31 CFR part 256, governing how Federal government agencies (agencies) obtain payments from the Judgment Fund, 31 U.S.C. 1304, and how individuals obtain payments under private relief acts. The revision reflects current rules and procedures; it does not include any substantive changes. E:\FR\FM\17OCR1.SGM 17OCR1

Agencies

[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Rules and Regulations]
[Pages 60847-60848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17225]


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DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 224

RIN-1510-AB08


Federal Process Agents of Surety Corporations

AGENCY: Financial Management Service, Fiscal Service, Treasury.

ACTION: Final rule.

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SUMMARY: The Financial Management Service (FMS) is revising its 
regulation governing the appointment of Federal process agents of 
surety corporations to allow for the appointment of a state official as 
a process agent. We are also revising the regulation by removing the 
requirement that all surety corporations appoint a process agent in the 
District of Columbia, regardless of whether the surety corporation 
provides bonds in the District of Columbia. Finally, we are updating 
obsolete contact information and references in the regulation.

DATES: This rule is effective on October 17, 2006.

FOR FURTHER INFORMATION CONTACT: Rose M. Miller, Manager, Surety Bond 
Branch, at 202-874-6850 or rose.miller@fms.treas.gov; or William Erle, 
Senior Counsel, at 202-874-6680 or william.erle@fms.treas.gov.

SUPPLEMENTARY INFORMATION:

Background

    31 U.S.C. 9306 was amended November 29, 1999 to allow a surety 
corporation to appoint a State official as its process agent. This 
means that surety corporations conducting business in more than one 
judicial district in a state can appoint a State official to receive 
service of process on the corporation, thereby saving surety 
corporations from having to appoint an agent in each judicial district 
of that State. Prior to the amendment, a surety did not have the option 
of appointing a State official as its process agent to satisfy the 
service of process requirement. This revised rule makes the regulation 
at 31 CFR Part 224 consistent with 31 U.S.C. 9306 by providing for the 
appointment of State officials as process agents.
    An additional change relates to the requirement currently found in 
31 CFR 224.2(a)(3) which requires that an agent be appointed for 
service of process ``in the District of Columbia where the bond is 
returnable and filed.'' This requirement applies to all surety 
corporations whether or not the corporation contemplates the writing of 
bonds in favor of the United States to be undertaken within the 
District of Columbia. Requiring companies to appoint an agent in the 
District of Columbia, when they are not incorporated in the District of 
Columbia, and do not write bonds in the District of Columbia, is an 
unnecessary financial burden on the companies. FMS can see no benefit 
to the Federal government in maintaining this requirement since, as a 
matter of practice, Federal bonds are not necessarily returnable and 
filed in the District of Columbia. The revised rule eliminates this 
requirement.
    The sample power of attorney form currently found in 31 CFR 224.4 
is replaced with a reference to the Surety Bond Branch Web page. Moving 
the form to the Web page will allow the sample power of attorney form 
to be updated more easily. Also, it will provide surety corporations 
with easy access to an electronic version of the form.

[[Page 60848]]

    Finally, 31 CFR 224.6 currently states that a listing of the 
divisional offices of the court in each judicial district may be 
obtained from the Surety Bond Branch, Financial Management Service, 
U.S. Department of the Treasury. This information is available directly 
from the U.S. Courts. Therefore, the regulation is revised to provide 
the contact information for the U.S. Courts.

Regulatory Analyses

    Administrative Procedure Act. We did not publish a Notice of 
Proposed Rulemaking (NPRM) for this regulation. Under 5 U.S.C. 
553(b)(B), a rule is exempt from notice and comment rulemaking 
requirements if the agency finds that notice and public comment are 
unnecessary or contrary to the public interest. This rule reflects 
provisions that are already in effect as a matter of law. The changes 
will have no substantive effect on the public; therefore, it is 
unnecessary to publish an NPRM. Likewise, for the same reasons a 
delayed effective date is not required.
    Clarity of Regulations. Executive Order 12866 requires each agency 
to write regulations that are easy to understand. We invite comment on 
how to make this rule clearer. For example, you may wish to discuss: 
(1) Whether we have organized the material to suit your needs; (2) 
whether the requirements of the rule are clear; or (3) whether there is 
something else we could do to make this rule easier to understand.
    Executive Order 12866. FMS has determined that this regulation is 
not a significant action as defined in Executive Order 12866. 
Therefore, a regulatory assessment is not required.
    Regulatory Flexibility Act. Because no notice of proposed 
rulemaking is required, the provisions of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) do not apply.


List of Subjects in 31 CFR Part 224

    Bonding, Insurance, Insurance companies, Sureties, Surety bonds, 
Process agents.


0
For the reasons set forth in the preamble, 31 CFR part 224 is revised 
as follows:

PART 224--FEDERAL PROCESS AGENTS OF SURETY CORPORATIONS

Sec.
224.1 What does this part cover?
224.2 Definitions.
224.3 When may a surety corporation provide a bond without 
appointing a process agent?
224.4 When must a surety corporation appoint a process agent?
224.5 Who may a surety corporation appoint to be a process agent?
224.6 Where can I find a sample power of attorney form?
224.7 Where can I find a list of United States district court 
offices?
224.8 When must a surety corporation appoint a new process agent?

    Authority: 31 U.S.C. 9306 and 9307.


Sec.  224.1  What does this part cover?

    This part provides guidance on when a surety corporation must 
appoint a service of process agent and how the surety corporation 
complies with this requirement.


Sec.  224.2  Definitions.

    For purposes of this regulation:
    (a) Principal means the person or entity required to provide a 
surety bond.
    (b) Process agent means a resident agent for service of process.
    (c) State means a State, the District of Columbia, or a territory 
or possession of the United States.


Sec.  224.3  When may a surety corporation provide a bond without 
appointing a process agent?

    A surety corporation may provide a bond without appointing a 
process agent when the State where the bond is filed, the State where 
the principal resides, and the State where the surety corporation is 
incorporated are the same.


Sec.  224.4  When must a surety corporation appoint a process agent?

    A surety corporation must appoint a process agent when either the 
State where the bond is filed or the State where the principal resides 
is different from the State where the surety corporation is 
incorporated. In such a case, the surety corporation must appoint a 
process agent in each such State that is different from the State where 
the surety is incorporated.


Sec.  224.5  Who may a surety corporation appoint to be a process 
agent?

    A surety corporation may appoint either of the following as process 
agent--(a) An official of the State who is authorized or appointed 
under the law of that jurisdiction to receive service of process on the 
surety corporation; or
    (b) An individual who resides in the jurisdiction of the district 
court for the district in which a surety bond is filed and who is 
appointed by the surety corporation by means of a power of attorney. A 
certified copy of the power of attorney must be filed with the clerk of 
the district court for the district in which a surety bond is to be 
provided. In addition, the surety corporation must provide the clerk of 
the United States District Court at the main office in each judicial 
district with the required number of authenticated copies of the power 
of attorney for each divisional office of the court within that 
judicial district.


Sec.  224.6  Where can I find a sample power of attorney form?

    The Surety Bond Branch provides a sample form on its Web page 
located at: http://www.fms.treas.gov/c570. While use of the sample form 
is not required, any power of attorney provided should be substantially 
the same as the sample form.


Sec.  224.7  Where can I find a list of United States district court 
offices?

    A list of the divisional offices of the court in each judicial 
district may be obtained from the Federal Judiciary, U.S. Courts Web 
page at http://www.uscourts.gov, or by mail by writing to: Office of 
Public Affairs, Administrative Office of the U.S. Courts, Washington, 
DC 20544.


Sec.  224.8  When must a surety corporation appoint a new process 
agent?

    The surety corporation must immediately appoint a new process agent 
whenever the authority of a process agent is terminated by reason of 
revocation, disability, removal from the district, or any other cause.

    Dated: October 11, 2006.
Kenneth R. Papaj,
Commissioner.
 [FR Doc. E6-17225 Filed 10-16-06; 8:45 am]
BILLING CODE 4810-35-P